Planning and Highways Committee

Read the Minutes

Minutes of the meeting held on 23 November, 2006

Present:

• Councillor Lyons - In the Chair
• Councillors Andrews, Brandy, Burns, Carmody, Dobson, Fender, Fisher, Flanagan, Keller, Morrison, Shaw and Watson

Also present:

• Councillors Clayton (except for 080215), Gallagher, Leech and S. Newman.

PH/06/36 Minutes

Decision

To approve as a correct record, the Minutes of the meeting held on 26 October, 2006, subject to the inclusion of Councillor Andrews in the list of those present.

Decisions taken under Delegated Powers

PH/06/37 Applications for permission for development

Reports of the Head of Planning were submitted in relation to various applications for planning permission. Late representations were also submitted in respect of individual applications, and further late representations were reported at the meeting. The Committee heard representations made by objectors/applicants/local councillors in relation to applications 080292, 080364, 079794, 079735, 080259, 080215, 077185, 078101 and 080389.

Prior to the meeting members of the Committee made a site visit to 62 Beech Road, Chorlton Ward (079735).

Decision

To approve the following applications,
in accordance with the reasons put forward by the Head of Planning in his report and any late representations, and subject also to the conditions proposed in his report or in the late representations submitted:

080292: 311/313 Wilmslow Road, Fallowfield Ward*

Variation of condition 4 attached to planning permission 050221 and condition 7 attached to planning permission 056824 to extend opening hours to 11.00am to 2.00am Sunday to Thursday and 11.00am to 02.30am Friday and Saturday with 30 minutes dispersal time. (Agreed opening hours until 1.00am with 30 minutes dispersal time on all days)

080364: Iguana Bar, 115-117 Manchester Road, Chorlton Ward*

Variation of condition 2 attached to application 38229 to allow extension of opening hours to 8.00am to 00.30am on Sundays to Thursdays and 8.00am to 1.30 am on Fridays and Saturdays.

(Councillors Andrews served as a member of the Licensing Appeals Panel in relation to this application, and left the room and took no part in the consideration of this item. Councillor Shaw declared a personal interest in this application and also left the room).

079735: 62 Beech Road, Chorlton Ward

Erection of a 3 storey building comprising 394 sq.metres commercial floorspace on ground and first floors (Class A1, A2, B1) and one flat at first floor level and 3 flats on the second floor and erection of a terrace of five 3 storey houses with associated car parking following demolition of existing building. (Subject to amendment to condition 13 to refer also to TROs)

078101: 2-4 St Ann's Square, City Centre Ward*

Change of use to Use Class A2 (financial and professional) with new shop front and installation of 2 ATMs. (Subject to a further condition relating to a personal consent)

080249: Bluebell Hotel, 493 Moston Lane, Charelstown Ward*

Erection of glazed canopy to beer garden.

2. To be Minded to Approve the following application,
in accordance with the reasons put forward in his report or any late representations and subject to any conditions proposed in his report or any late representations, and to authorise the Head of Planning to issue an approval notice in once outstanding issues have been resolved to his satisfaction:

080259: Land off Claremont Avenue, Didsbury West Ward*

Erection of three x 3 storey detached dwelling houses with associated parking and landscaping. (Subject to the signing of a legal agreement in respect of the planting of street trees)

080215: 10 Linden Court, the Beeches, Didsbury West Ward*

Changes of use of existing residential premises to form 11 apartments involving 3 storey extension, basement accommodation, under croft car parking for 11 cars and associated landscaping. (Subject to the applicants entering into a Section 106 agreement for contributions to highway safety improvements, recreational provision and the submission of a travel plan which will incorporate the provision of Travel packs.)

080632: 5 Piccadilly Place at junction of Aytoun Street and Whitworth Street, City Centre Ward*

Erection of 11 storey building to form building 5 of the Piccadilly Place development, comprising ground floor commercial uses including use Class A1 (shop), A2 (financial and professional), A3 (restaurant/café), D1 (non residential institutions) and D2 (assembly and Leisure) with 167 residential units (use class C3) above. (Subject to the applicant entering into a S106 agreement in respect of owner -occupation, affordable housing and shared ownership and a further condition relating to servicing).

3. To Defer application 079794, 27-27A Edge Lane, Chorlton Ward

for retrospective variation of condition no. 3 attached to planning permission 066066 to allow the use of an alternative brick to the reclaimed brick specified, increase the height of the building and modify front entrance, to allow officers more time to consider outstanding issues raised at the meeting.

4. To Refuse* application 079995

for the erection of a part retrospective single storey rear extension to form additional living accommodation and conservatory and conversion of garage into additional living accommodation including elevational alterations at 167 Yew Tree Road, Fallowfield Ward for the following reasons:

1. The proposed conversion of the existing garage would result in a vehicle having to park in front of the house. With the erection of the rear extension the ability to store the refuse/re-cycling bins would be removed, this will result in the bins being stored to the front of the property and prejudicing the parking space requirements. As such the proposal would create unacceptable pressure for on-street parking to the detriment of highway safety contrary to the provisions of policies DC1, E3.5, T2.4 and H2.2 of the Unitary Development Plan for the City of Manchester.

2. Due to the size of the proposed single storey rear extension and the small nature of the rear garden, the proposal would result in unacceptably limited garden being retained to the detriment of the amenity of the occupiers of the property. The proposal would therefore be contrary to Policy H2.2 of the Unitary Development Plan for the City of Manchester and the Guide to Development in Manchester 2.

(City Solicitor instructed to take such action as necessary, including enforcement action under Section 172 of the Town and Country Planning Act, 1990 (as amended) in order to secure the cessation of the unauthorised use.)

(Councillor Morrison declared an interest in this application having written in support of the objectors and left the room and took no part in the consideration of this item).

5. To Refuse* application 077185

for the erection of a part 3 storey/part 4 storey block of 13 apartments with associated landscaping and parking for 14 vehicles at land to the rear of Jessiefield, Didsbury West Ward, in accordance with the reasons put forward by the Head of Planning in his report.

6. To Refuse* application 080389

for the erection of a three storey detached building to form 18 apartments with associated car parking and landscaping at the Tennis Courts rear of Langdale Hall, Lower Park Road Dennison Road, Rusholme Ward, in accordance with the following reasons:

1. The replacement at a highly visible location of an area of open garden land with the proposed building would harm the character and appearance of the Victoria Park Conservation Area, be out of character with the locality and the conservation area and fails to respect the site's setting. The development is therefore contrary to policies E2.7 and E3.8 and DC18.1 (a) of the Unitary Development Plan for the City of Manchester, policies DP3 and ER3 of the Regional Spatial Strategy and Section 72 of the Planning (Listed Building and Conservation Areas) Act 1990, guidance contained in Planning Policy Guidance Note 15, (Planning and Historic Environment) and the Guide to Development in Manchester 2, Planning Policy Guidance Note 3 (Housing) and Companion Guide "Better Places to Live" by design and Planning Policy Statement no. 1 (PPS1) Creating Sustainable Communities and Companion Guide "By Design"- Urban Design in the Planning System: towards better practice.

2. The proposal fails to make adequate provision for amenity space for future residents of this development and the residents of the 46 apartments previously approved on the site of Langdale Hall under planning application 073960, and would therefore be detrimental to the residential amenities of those future occupiers. The proposal would therefore be contrary to policy H2.2 of the Unitary Development Plan for the City of Manchester, the Guide to Development 2, Planning Policy Statement No. 1 (PPS1) Creating Sustainable Communities and Companion Guide Urban Design in the Planning System: towards better practice and Planning Policy Guidance Note 3 (Housing) and Companion Guide "Better Places to Live" by design.

3. The applicant has failed to demonstrate that appropriate replacement tennis courts can be provided in advance of their loss or that adequate facilities exist within the local area, contrary to policy L1.2 of the Unitary Development Plan for the City of Manchester. Contrary to PPG17 and its companion guide, the applicant has also failed to demonstrate through an adequate assessment that the tennis courts are surplus to requirements and that the development of the tennis courts is widely supported by the local community.

PH/06/38 Confirmation of Tree Preservation Order, 14 Brook Road, Withington Ward

The Committee considered a report of the Head of Planning in relation to the background and issues involved in confirming a Tree Preservation Order at the above address.

Late representations were submitted in connection with the report.

Decision*

To instruct the City Solicitor to confirm with modifications the Manchester City Council (14 Brook Road, Withington Manchester) Tree Preservation Order 2006. To protect trees specified individually encircled in black on Plan No.2 with the exception of T7 (a multi stemmed Sycamore tree) as follows :

• T1 Lime on northern boundary within curtilage of 14 Brook Road, fronting property
• T2 Sycamore on north eastern boundary with Amherst Road
• T3 Sycamore on north eastern boundary with Amherst Road
• T4 Lime rear of property, south/east side with Amherst Road
• T5 Holly rear of property, south/east side with Amherst Road
• T6 Lime rear of property, south/east side with Amherst Road

*denotes unanimous decision